Question

Assertion (A): The Advocate General holds office at the pleasure of the Governor.

Reason (R): The Constitution fixes a five-year term for the Advocate General to ensure stability in the office.

• A. Both (A) and (R) are true, and (R) is the correct explanation of (A)
• B. Both (A) and (R) are true, but (R) is not the correct explanation of (A)
• C. (A) is true, but (R) is false
• D. (A) is false, but (R) is true

Answer 1

Answer:

C. (A) is true, but (R) is false

Advocate General of a State in Indian Polity

• Appointment and Term: The Advocate General of a State is appointed by the Governor of that State.

• Article 165 of the Indian Constitution deals with the Advocate General for States.

• Unlike a fixed tenure for judges or other constitutional appointees, the Advocate General holds office during the pleasure of the Governor. This means the Governor can remove the Advocate General at any time without assigning any reason.

• There is no fixed term for the Advocate General. The statement that the constitution fixes a five-year term is incorrect.

• The qualifications for appointment as Advocate General are similar to those of a judge of a High Court.

• The Advocate General has the right to speak and to take part in the proceedings of the State Legislature, but has no right to vote.

• They advise the State Government on legal matters and perform other duties conferred upon them by the Constitution or any other law.

• The remuneration of the Advocate General is determined by the Governor.

• While the term is not fixed, it is customary for the Advocate General to resign when the government that appointed them loses its majority or resigns.